The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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F.S. 713.16

713.16 Demand for copy of contract and statements of account; form.—

(1) A copy of the contract of a lienor or owner and a statement of the amount due or to become due if fixed or ascertainable thereon must be furnished by any party thereto, upon written demand of an owner or a lienor contracting with or employed by the other party to such contract. If the owner or lienor refuses or neglects to furnish such copy of the contract or such statement, or willfully and falsely states the amount due or to become due if fixed or ascertainable under such contract, any person who suffers any detriment thereby has a cause of action against the person refusing or neglecting to furnish the same or willfully and falsely stating the amount due or to become due for his or her damages sustained thereby. The information contained in such copy or statement furnished pursuant to such written demand is binding upon the owner or lienor furnishing it unless actual notice of any modification is given to the person demanding the copy or statement before such person acts in good faith in reliance on it. The person demanding such documents must pay for the reproduction thereof; and, if such person fails or refuses to do so, he or she is entitled only to inspect such documents at reasonable times and places.

(2) The owner may serve in writing a demand of any lienor for a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any, the materials furnished, the materials to be furnished, if known, the amount paid on account to date, the amount due, and the amount to become due, if known, as of the date of the statement by the lienor. Any such demand to a lienor must be served on the lienor at the address and to the attention of any person who is designated to receive the demand in the notice to owner served by such lienor and must include a description of the property and the names of the owner, the contractor, and the lienor’s customer, as set forth in the lienor’s notice to owner. The failure or refusal to furnish the statement does not deprive the lienor of his or her lien if the demand is not served at the address of the lienor or directed to the attention of the person designated to receive the demand in the notice to owner. The failure or refusal to furnish the statement under oath within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the person so failing or refusing to furnish such statement of his or her lien. If the owner serves more than one demand for statement of account on a lienor and none of the information regarding the account has changed since the lienor’s last response to a demand, the failure or refusal to furnish such statement does not deprive the lienor of his or her lien. The negligent inclusion or omission of any information deprives the person of his or her lien to the extent the owner can demonstrate prejudice from such act or omission by the lienor. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim of lien being enforced through a foreclosure case filed before the date the demand for statement is received by the lienor.

(3) A request for sworn statement of account must be in substantially the following form:

REQUEST FOR SWORN STATEMENT OF ACCOUNT

WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT, SIGNED UNDER OATH, WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL RESULT IN THE LOSS OF YOUR LIEN.

To: (Lienor’s name and address)

The undersigned hereby demands a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any, the materials furnished, the materials to be furnished, if known, the amount paid on account to date, the amount due, and the amount to become due, if known, as of the date of the statement for the improvement of real property identified as (property description) .

(name of contractor)

(name of the lienor’s customer, as set forth in the lienor’s Notice to Owner, if such notice has been served)

(signature and address of owner)

(date of request for sworn statement of account)

(4) When a contractor has furnished a payment bond pursuant to s. 713.23, he or she may, when an owner makes any payment to the contractor or directly to a lienor, serve a written demand on any other lienor for a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any, the materials furnished, the materials to be furnished, if known, the amount paid on account to date, the amount due, and the amount to become due, if known, as of the date of the statement by the lienor. Any such demand to a lienor must be served on the lienor at the address and to the attention of any person who is designated to receive the demand in the notice to contractor served by such lienor. The demand must include a description of the property and the names of the owner, the contractor, and the lienor’s customer, as set forth in the lienor’s notice to contractor. The failure or refusal to furnish the statement does not deprive the lienor of his or her rights under the bond if the demand is not served at the address of the lienor or directed to the attention of the person designated to receive the demand in the notice to contractor. The failure to furnish the statement within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the person who fails to furnish the statement, or who furnishes the false or fraudulent statement, of his or her rights under the bond. If the contractor serves more than one demand for statement of account on a lienor and none of the information regarding the account has changed since the lienor’s last response to a demand, the failure or refusal to furnish such statement does not deprive the lienor of his or her rights under the bond. The negligent inclusion or omission of any information deprives the person of his or her rights under the bond to the extent the contractor can demonstrate prejudice from such act or omission by the lienor. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim on the bond being enforced in a lawsuit filed prior to the date the demand for statement of account is received by the lienor.

(5)(a) Any lienor who is perfecting a claim of lien may serve with the claim of lien or thereafter a written demand on the owner for a written statement under oath showing:

1. The amount of the direct contract under which the lien was recorded;

2. The dates and amounts paid or to be paid by or on behalf of the owner for all improvements described in the direct contract;

3. The reasonable estimated costs of completing the direct contract under which the lien was claimed pursuant to the scope of the direct contract; and

4. If known, the actual cost of completion.

(b) Any owner who does not provide the statement within 30 days after demand, or who provides a false or fraudulent statement, is not a prevailing party for purposes of an award of attorney fees under s. 713.29. The written demand must include the following warning in conspicuous type in substantially the following form:

WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL RESULT IN THE LOSS OF YOUR RIGHT TO RECOVER ATTORNEY FEES IN ANY ACTION TO ENFORCE THE CLAIM OF LIEN OF THE PERSON REQUESTING THIS STATEMENT.

(6) Any written demand served on the owner must include a description of the property and the names of the contractor and the lienor’s customer, as set forth in the lienor’s notice to owner.

(7) For purposes of this section, the term “information” means the nature and quantity of the labor, services, and materials furnished or to be furnished by a lienor and the amount paid, the amount due, and the amount to become due on the lienor’s account.

History.—s. 1, ch. 63-135; s. 10, ch. 65-456; s. 35, ch. 67-254; s. 8, ch. 77-353; s. 10, ch. 90-109; s. 6, ch. 92-286; s. 319, ch. 94-119; s. 6, ch. 96-383; s. 1767, ch. 97-102; s. 6, ch. 99-386; s. 10, ch. 2007-221; s. 8, ch. 2012-211.

Note.—Former s. 84.161.

F.S. 713.16 on Google Scholar

F.S. 713.16 on Casetext

Amendments to 713.16

Arrestable Offenses / Crimes under Fla. Stat. 713.16

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.16.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DWORK a k a M. v. EXECUTIVE ESTATES OF BOYNTON BEACH HOMEOWNERS ASSOCIATION, INC., 219 So. 3d 858 (Fla. Dist. Ct. App. 2017)

. . . As the Stresscon court observed in holding that nothing in the language of section 713.16(2), Florida . . .

J. S. L. CONSTRUCTION COMPANY, a L. v. LEVY, 994 So. 2d 394 (Fla. Dist. Ct. App. 2008)

. . . (signature and address of owner) (date of request for sworn state- ment of account) § 713.16(2), (3), . . . Section 713.16(2) of the Florida Statutes requires, on proper demand, only a statement “under oath.” . . . Construing the pre-1994 version of section 713.16(2), the Court concluded that Stresscon's failure to . . . comply with the requirements of section 713.16(2) were fatal to its lien claim. . . .

J. SHARRARD, v. LIGON, 892 So. 2d 1092 (Fla. Dist. Ct. App. 2004)

. . . the Owners served a request for a sworn statement of account on the Contractor pursuant to section 713.16 . . .

FLORIDA WOOD SERVICES, INC. a v. OSPREY LINKS JOINT VENTURE,, 720 So. 2d 591 (Fla. Dist. Ct. App. 1998)

. . . FWS failed to properly respond to a request for a sworn statement of account pursuant to section 713.16 . . . SWORN STATEMENT Pursuant to subsection 713.16(2), Florida Statutes (1995), an owner may make a written . . . Subsection 713.16(2), requires that a statement of account be under oath. . . . Madiedo, 581 So.2d 158 (Fla.1991) (court construed a pre-1994 version of § 713.16(2) which contained . . . occurred in the past, see Stresscon, has been cured by the 1994 Legislative amendment to subsection 713.16 . . .

In VALDES, C. HECHT S, A DIVISION OF MAY DEPARTMENT STORES CO. v. VALDES, C., 188 B.R. 533 (Bankr. D. Md. 1995)

. . . Valdes owed $1,134.93 to the plaintiff, $713.16 of this debt resulted from five charges made between . . .

JOHNSON- WELTY CORPORATION, a d b a v. H. KUGLER L., 651 So. 2d 1232 (Fla. Dist. Ct. App. 1995)

. . . . § 713.16, Fla.Stat. (Supp.1994). Reversed and remanded. . . .

STRESSCON, v. MADIEDO,, 581 So. 2d 158 (Fla. 1991)

. . . MAY THE FAILURE TO NOTARIZE AN OTHERWISE TIMELY AND ACCURATE STATEMENT OF ACCOUNT UNDER SUBSECTION 713.16 . . . As specified by section 713.16(2), Florida Statutes (1985), the homeowner demanded a statement of account . . . Accordingly, the contractor’s failure to strictly comply with section 713.16(2) resulted in the denial . . . In contrast, section 713.16(2) requires that the lienor’s written statement of account be under oath. . . . Section 713.16(2) requires the lienor to provide a written statement under oath. . . .

STRESSCON, a v. MADIEDO, 561 So. 2d 1351 (Fla. Dist. Ct. App. 1990)

. . . of the claim of lien against the Madiedos, the Ma-diedos sent a demand to Stresscon under subsection 713.16 . . . forth in the claim of lien, which is notarized, and that the trial court’s construction of subsection 713.16 . . . MAY THE FAILURE TO NOTARIZE AN OTHERWISE TIMELY AND ACCURATE STATEMENT OF ACCOUNT UNDER SUBSECTION 713.16 . . .

ROOF STRUCTURES, INC. v. I. PICOU, I., 544 So. 2d 1138 (Fla. Dist. Ct. App. 1989)

. . . respect to a second issue raised concerning compliance with the sworn statement requirement of section 713.16 . . .

B. GONAS E. v. HOME ELECTRIC OF DADE COUNTY, INC., 537 So. 2d 590 (Fla. Dist. Ct. App. 1988)

. . . The demand did not specify that under section 713.16(2), Florida Statutes (1986), Home Electric had to . . . The issue on appeal is the construction of section 713.16(2) which provides: At the time any payment . . . approve the reasoning and rationale of Palmer and, consistent with Palmer, we hold that under section 713.16 . . .

PALMER ELECTRIC SERVICES, INC. v. FILLER C., 482 So. 2d 509 (Fla. Dist. Ct. App. 1986)

. . . On September 26, 1983, appellees’ counsel, as authorized by section 713.16(2), Florida Statutes (1983 . . . That letter from appellees’ counsel did not specify that it was being sent pursuant to section 713.16 . . . Randy court imposed the requirement, not included within the language of section 713.16(2), that a responsive . . .

ALEX v. RANDY, INC. a, 305 So. 2d 13 (Fla. Dist. Ct. App. 1974)

. . . from an order holding appellants’ demand made upon lienors (appellees) under Subsection (2) of Section 713.16 . . . failed to respond within ten days to demands served severally upon them under Subsection (2) of Section 713.16 . . .

LEO J. GOLDBERGER, 1 B.T.A. 249 (B.T.A. 1924)

. . . shares Sinclair Consolidated- 5, 866.50 Loss on Philadelphia Co_1,314. 00 Interest charges-1,129. 70 9, 713.16 . . .